A will or estate plan that was established years ago may not reflect your current wishes, especially after a divorce. We can assist you in updating the estate plan or establishing a new estate plan after family changes.

After divorce, needs & desires change, so it is important to update estate planning documents. Otherwise, your ex-spouse could inherit property that you did not intend for them to inherit.

Keep your estate planning documents up to date,

Whether your divorce is recent or in-process, if you haven’t modified your estate plan, it is time to consult a lawyer and get it done.

Change beneficiaries: If your ex is designated as a beneficiary for your will, life insurance policies, a 401k, trusts, IRA, or other accounts, you must designate new beneficiaries so that your ex-spouse does not inherit your assets. Possibly, you could name your trust as the beneficiary but verify that your ex-spouse is not also the named beneficiary of the trust.

Close all joint accounts: More than likely, you closed all joint accounts and/or credit cards in the process of your divorce. Verify that all joint accounts are now closed and access rights for separate accounts are terminated.​

Protect assets for the minor children: If you have minor children, your ex-spouse may have control over the assets you pass to your children when you die. This can be avoided by establishing a "testamentary trust" in your will that will secure the assets for the benefit of your minor children.

Under Ohio law, without a will, your spouse receives 100% of your estate (if there are no children) and 50 % of your estate (if there are children). Ohio law recognizes legal relationships; not personal relationships. If you have separated but not formally divorced, the law still recognizes you as married. Under Ohio’s statutes, your former partner (but still legal spouse) will receive the inheritance.

Therefore, if you have legally separated rather than seeking divorce, proper estate planning could never be more important. Protect yourself, your children and your assets.